Professional Negligence Law Reporter

A Florida appellate court held that an arbitration agreement signed by a resident’s son after she suffered injury was valid and enforceable.

Here, Carol Johnson stayed briefly at Heartland Health Care Center-Ft Myers. After she was injured there, her son, as her attorney in fact, signed an arbitration agreement with the facility. Johnson, through her son, then sued the nursing home and several related entities, alleging liability for her injuries. The defense moved to compel arbitration, and the trial court granted the motion.

Affirming, the appellate court noted that the arbitration agreement at issue states that parties agree to the efficient resolution of “any dispute or controversy that may arise” between them. The court rejected the plaintiff’s argument that the arbitration agreement does not apply to her suit because its term “may arise” indicates that the agreement applies only prospectively. Even if this were true, the court said, the reference to any dispute or controversy—which is not synonymous with injury to a victim—covers the plaintiff’s suit that was filed after her injury. Thus, the court held that regardless of whether the agreement applies only prospectively, it applies to the plaintiff’s lawsuit.

Accordingly, the court concluded that the parties entered into a valid arbitration agreement that applied to the plaintiff’s claims.

Citation: Johnson v. Heartland of Fort Myers Fla., LLC, 2018 WL 5810519 (Fla. Dist. Ct. App. Nov. 7, 2018).